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<br />Exhibit A-1 <br />HCS-23-42-1901-198(1) <br />City of Everett <br /> Page 22 of 24 <br />of the courts of competent jurisdiction at Everett in Snohomish County, unless <br />the County determines a deferral forum is appropriate to the issue raised. <br /> <br />VII. MISCELLANEOUS PROVISIONS <br /> <br />A. Insurance <br /> <br />1. The County recognizes the Agency is self-insured. Prior to the execution <br />of this Agreement, the Contractor shall provide to the County a signed and <br />dated letter of self-insurance. <br /> <br />2. This HOME Agreement is subject to the requirements of the Flood Disaster <br />Protection Act of 1973 (Pub. L. No. 93-234). No portion of the assistance <br />provided under this Agreement is approved for acquisition or construction <br />purposes, as defined under Section 3(a) of said act, for use in an area <br />identified by the Secretary as having special flood hazards which is located <br />in a community not then in compliance with the requirements for <br />participation in the National Flood Insurance Program pursuant to Section <br />201(d) of said act; and the use of any assistance provided under this <br />Agreement for such acquisition or construction in such identified areas in <br />communities then participating in the National Flood Insurance Program <br />shall be subject to the mandatory purchase of flood insurance in accordance <br />with the requirements of Section 102(a) of said act. The Agency shall <br />ensure that flood insurance coverage for affected property is maintained for <br />the mandatory period. <br /> <br />B. Relationship of the Parties <br /> <br /> The parties intend that an independent contractor/county relationship will be <br />created by this Agreement. Except to the extent specific Agency performance <br />is required by this Agreement or by applicable provisions of law, the County is <br />interested only in the results to be achieved and the implementation of services <br />will lie solely with the Agency. No agent, officer, employee, servant or <br />representative of the Agency shall be deemed to be an agent, officer, <br />employee, servant or representative of the County for any purpose, and none <br />of the Agency’s employees shall be entitled to any benefits or rights enjoyed by <br />employees of the County. The Agency will be solely and entirely responsible <br />for its acts and for the acts of its agents, employees, servants, contractors and <br />subcontractors during the performance of this Agreement. Neither party shall <br />have the power to bind or obligate the other party except as set forth in this <br />Agreement. No joint venture is being undertaken as a result of this Agreement <br />and the parties are not general partners. Nothing herein shall be construed as <br />reserving to the County the right to control the Agency’s business. <br />